U.S. probes care center for disabled

Tinley Park facility targeted by officials

Federal officials are investigating the Howe Developmental Center in Tinley Park for its care of developmentally disabled residents, according to a state official and correspondence reviewed by the Tribune.

The inquiry is centered on protecting residents of the state-run facility and ensuring they have proper medical care and adequate treatment and services, according to the correspondence.

The U.S. Department of Justice's civil rights division informed Gov. Rod Blagojevich as well as state and federal law-enforcement officials of the investigation into the long-troubled center, the correspondence showed.

Tom Green, a spokesman for the Illinois Department of Human Services, which oversees the facility, said that agency also had been notified and Howe would cooperate in the inquiry. Federal officials will recommend ways to improve conditions, if necessary, and what must be done to address any civil rights violations, all with the goal of avoiding litigation, according to the correspondence. The residents are protected by the federal Institutionalized Persons Act. The state would be notified if no violations are uncovered.

Zena Naiditch, president and CEO of Equip for Equality, a patient advocacy group that has been monitoring Howe for years, said her group spurred the investigation.

"They were very concerned about some of the information we shared with them," she said. "The Department of Justice goes into institutions when they think people's constitutional rights are at risk."

Equip for Equality called for Howe's closing in March after analyzing the deaths of eight people from September 2005 to fall 2006. The group accused Howe of providing "substandard care," saying the staff had committed "critical errors." The center serves 363 patients.

Investigators with Equip for Equality say a profoundly mentally retarded blind woman with severe heart disease died in February after undergoing a Pap smear without any medication to calm her nerves. The group said she struggled throughout the exam and died a short time later of an apparent heart attack.

In another instance, the group said, a severely mentally retarded patient with epilepsy who was at high risk for forming blood clots was not provided with adequate care and exercise. The group said the patient suffered bed sores and died of a suspected blood clot.

Green has said those cases are under investigation.

An investigator with Equip for Equality said vital signs aren't taken as often as they should be and, in some cases, staff members ignore doctor's orders.

A 93-page report filed by the federal Department of Health and Human Services and dated March 14 detailed numerous problems at Howe, including improper use of restraints. In other cases, patients known to hurt themselves were reportedly improperly monitored or protected.

Records at Howe showed that one man's weight fluctuated by seven pounds in a day, according to the report. That led investigators to wonder whether the frail man was being weighed properly, an important tool in evaluating patients' health.

In another instance, staff members reportedly failed to take into account a woman's arm and shoulder injury while moving her. She was identified as R54.

"Staff were observed to assist R54 to her feet from a sitting position by lifting on the affected side, even though R54 had a sling on her left arm/shoulder," the report said.

The center was decertified and lost its Medicaid funding in March, about the same time as the Department of Health and Human Services report. The center plans to seek recertification this fall, Green said.

The facility has a new director and a director of program implementation and plans to create a parent advocate position to deal with family concerns.

Gregg Brandush, an investigator with Equip for Equality, said Howe's new leadership is trying to make positive changes, but he questioned its ability to make any long-term difference.

Howe has many supporters, including Linda Marshall, who said her daughter, Kimberly Necas, lived at the center for five years ending in June and received excellent care. Necas recently moved to a community-based center. Although the grounds are beautiful, her mother said she worries about her daughter's care because staff members want to double the dosage for the antidepressant Zoloft. By contrast, the doctors at Howe strove to decrease her daughter's medication so as not to leave her sedated.

"The doctor at Howe was excellent," Marshall said. "If anything, what I see is that they don't have enough help. Who always gets cut first when there's not enough money? Those who can't help themselves."